- (b) a reference is otherwise made in any Ordinance to an offence,
then that power or duty or that reference shall be deemed to be also exercisable or performable consequent upon a conviction of, or include a reference to, as the case may be—
- (i) an attempt to commit that offence;
- (ii) aiding, abetting, counselling or procuring that offence; and
- (iii) a conspiracy to commit that offence.
(2) Subsection (1) shall apply to powers of imposing pecuniary penalties and of forfeiture, seizure and search, and to powers and discretions to cancel, suspend or refuse to issue any licence, permit or other authorization, but nothing in this section shall apply to any offence for which a sentence of death may be imposed, or be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this section.
Acts constituting two or more offences. 83. Where any act constitutes two or more offences, whether under the same Ordinance or otherwise, the offender shall be liable to be prosecuted and punished for any or all such offences but shall not be liable to be punished twice for the same offence.
Liability of directors, etc. 84. Where a person by whom an offence under any Ordinance has been committed is a company and it is proved that the offence was committed with the consent or connivance of a director or other officer concerned in the management of the company, the director or other officer shall be guilty of the like offence.
Imposition of penalty not to bar civil action. 85. The imposition of a penalty or fine by or under any Ordinance shall not relieve any person from liability to answer in damages to a person injured.
Penalties prescribed to be deemed maximum penalties. 86. Where in any Ordinance a penalty is prescribed for an offence under that Ordinance, such provision shall imply—
- (a) that such offence shall be punishable upon conviction by a penalty not exceeding the penalty prescribed; and
- (b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments, be punishable by a fine of any amount.
Statement of penalty at end of section. 87. Where in any Ordinance a penalty is set out at the foot of any section or part thereof the same shall mean that any contravention of that section or part shall be an offence under such Ordinance punishable upon conviction by a penalty not exceeding the penalty so set out.
Certain penalties may be cumulative. 88. Where in any Ordinance more than one penalty is prescribed for an offence, the use of the word “and” shall mean that the penalties may be inflicted alternatively or cumulatively.
